Shaikh Rashid Mahinuddin And Another v. The State Of Maharashtra And Others

WP 2629/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2629/2016 Shaikh Rashid Mahinuddin & another.

...Petitioners..

Versus

The State of Maharashtra & others.

...Respondents...

.....

Shri S.V. Jadhav, Advocate for petitioners.

Shri V.M. Kagne, AGP for respondent nos.1 to 3. .....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 29.06.2016 ORDER :

1] The petitioners are praying for issuing directions to the respondents to determine the market value of the acquired property in accordance with the Act of 2013 and pay compensation accordingly.

2] An affidavit in reply has been presented on behalf of the respondent no.3 wherein it has been stated that the authorities would be taking steps for passing award as per the Act of 2013. It has been stated that award has not been passed within a period of three years from

WP 2629/16 - 2 - the date of issuance of notification u/s 4 and as such the land acquisition proceedings stood lapsed. The respondent - authorities have undertaken to take steps for initiating fresh proceedings in accordance with the Act of 2013.

3] The petitioners have stated in the petition that the physical possession of the property has not yet been taken.

4] It would be open for the authorities to take steps in accordance with the provisions of law.

5] In view of above, the writ petition is disposed of. No costs.

(K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c296168.doc